Access to my Home?

2520years

When my wife and me separated two years ago, I moved into a house we had been letting out. It's on a joint buy-to-let mortgage.

It's my home and she hasn't been in, as far as I know, in the last two years. She drops off our daughter at the door and that's it.

The other night she checked I wasn't in, by ringing my work, then tried to enter my home. I asked her why, but she said she's entitled to go in whenever she wants because her name's on the mortgage.

This wasn't true when we had tenants, and I don't believe it's true now. Does anyone our there know for sure?

Thanks very much.

Gigglepig

If itis jointly owned then presumably she has as much right to be there as you, as long as there is not a court order stating otherwise?

Did she explain why she did this, was she simply checking on the state of theproperty, or looking for something? (Has she got any reason to believe youmight be hiding assets from her, that should be divided in the divorce? Or looking for signs of a new girlfriend? ) Is she still in the marital home, and do you enter it?

If it becomes a problem I would get legal advice.

fluffnutter

When you have tenants, as indicated by a tenancy agreement, rent book etc. they have particular rights, one of which being that the landlord, i.e. you or your wife, can't enter without prior arrangement.

But you're not a tenant therefore these rights don't exist, and your wife is simply entering a property she owns. Which is perfectly legal. Time to get divorced and sort out who owns what, methinks.

monty-doggy

You can get an occupation order from the courts preventing her from doing this, regardless if her name on the deeds.

2520years

She wouldn't say why...perhaps she was going to leave me chocolates and flowers She knows I'm honest, I'm looking after the place and I've got no money nor assets. She also knows I would never have a girlfriend while we're still married.

She's still in the marital home. The day we split up I gave her my door keys.

When it was let, we weren't entitled to enter without an appointment and some notice, even though we owned it. I would think it's similar in this case?

pinkshoes

You are an owner, rather than a tenant, so she can enter as she's an owner and the house has no tenants.

Likewise, you'd be allowed to enter your old family home she lives on, assuming you're on the deeds?

In theory, I'm thinking you shouldn't be living in a property with a BTL mortgage...

Guest101

Tenants are protected by their agreement, you do not have such an agreement.

You could however return to your marital home whenever you wanted to.

Sounds like she's moved on, maybe you should too. If your separated 2 years you can get a divorce ratehr quickly

2520years

pinkshoes wrote: »

In theory, I'm thinking you shouldn't be living in a property with a BTL mortgage...

The mortgage company know I'm there.


Does anyone know - if we do get divorced, and I get the house I'm in, how does it work?

I'm on a low wage and wouldn't qualify for the mortgage if I was applying now.

fluffnutter

2520years wrote: »

She wouldn't say why...perhaps she was going to leave me chocolates and flowers She knows I'm honest, I'm looking after the place and I've got no money nor assets. She also knows I would never have a girlfriend while we're still married.

She's still in the marital home. The day we split up I gave her my door keys.

When it was let, we weren't entitled to enter without an appointment and some notice, even though we owned it. I would think it's similar in this case?

No. These rights are part of the tenancy agreement. But you're not a tenant, hence the rights don't apply. It's not simply about occupancy; rather it's about having that tenancy agreement in place.

fluffnutter

2520years wrote: »

The mortgage company know I'm there.


Does anyone know - if we do get divorced, and I get the house I'm in, how does it work?

I'm on a low wage and wouldn't qualify for the mortgage if I was applying now.

Can you afford the mortgage each month? Is she still paying half?

2520years

Thanks everyone for your help and advice! I'll look into an occupation order if there are further problems.